Snarky Lawyer

What Is “Reasonable Suspicion” to Stop Me for DWI?

January 10th, 2018 by Tad Nelson in Drunk Driving, DWI

A Houston-area law enforcement officer is only allowed to detain a driver for drunk driving when there is a “reasonable suspicion” to justify such a stop. This is admittedly a lower standard than “beyond a reasonable doubt,” which is the burden of proof prosecutors must meet at trial. Even applying the lower standard, an officer […]

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What Are the Penalties in Texas for Multiple Acts of Domestic Violence?

January 9th, 2018 by Tad Nelson in Domestic Violence

Domestic violence allegations can lead to serious jail time in Texas, particularly if prosecutors can prove you committed two or more assaults against a family member or dating partner over a 12-month period. Such behavior is classified as “continuous violence against the family” in the Texas Penal Code, a third-degree felony punishable by up to […]

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How Do I Challenge a Speeding Ticket in Houston?

January 8th, 2018 by Tad Nelson in Misdemeanor Crimes

Dealing with a traffic ticket can be a hassle. But if you believe you did nothing wrong, then you have every right under the law to challenge your ticket in court. It is important to understand, however, that the legal process for handling traffic violations can take several weeks or months to complete. Defendant Represents […]

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Are “Furtive Gestures” Enough to Justify a Police Search of My Car for Drugs?

January 5th, 2018 by Tad Nelson in Drug Crime

Houston-area law enforcement officers are quick to suspect individuals of illegal drug possession. But formal drug charges require probable cause, not mere suspicion. This extends to any police search of your property. If the officer does not have probable cause to search your vehicle for drugs, then any evidence that may be found is inadmissible […]

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What Does the Right to a “Speedy Trial” Mean in Texas?

January 3rd, 2018 by Tad Nelson in Criminal Defense

Every person charged with a crime in Texas has the right to a “speedy trial.” This right is guaranteed by both the United States and Texas constitutions. But there is no fixed definition of what constitutes a “speedy” trial. Indeed, in many cases it is in a defendant’s interests not to proceed too quickly to […]

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Can I Be Charged With a Crime for Sabotaging My Employer’s Computer?

December 20th, 2017 by Tad Nelson in White Collar Crime

Just about every workplace in Texas requires computer systems to function. If you are responsible for managing and maintaining such systems, it is important to understand your potential criminal liability. Computer crimes that involve causing damage to your employer’s computer system will not just get you fired or sued for civil damages. It can also […]

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Does a Store Cashier Commit Theft When Giving an Unauthorized Discount?

December 18th, 2017 by Tad Nelson in Misdemeanor Crimes, Theft

Misdemeanor theft is often associated with shoplifting by customers. But an employee may also be arrested and charged with a misdemeanor crime if he or she gives a customer an unauthorized discount. Such an act is still considered an “unlawful appropriation” of the store owner’s property. Ex-Target Employee Sentenced to 3 Days in Jail for […]

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Can a Lack of Insurance Lead to a DWI Arrest?

December 12th, 2017 by Tad Nelson in DWI

DWI and drunk driving arrests often begin with a routine traffic stop. So long as a police officer has a “reasonable suspicion” that you are violating some motor vehicle-related law, it is legal to stop and detain you. And if the officer discovers evidence of drunk driving in the course of that stop, you could […]

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Dealing With Traffic Violations Arising From Improper Equipment

December 8th, 2017 by Tad Nelson in DWI, Traffic Offenses

Many traffic violations in the Houston area are the result of improper equipment rather than reckless driving. A police officer has the right to stop and ticket you if your car does not comply with all requirements of the Texas Transportation Code. And while you may dismiss a “broken taillight” or similar infraction as no […]

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Texas Court Affirms Drug Conviction Despite Police Misconduct

December 5th, 2017 by Tad Nelson in Drug Crime

Drug crimes cases in the Houston often rely heavily on the testimony of police officers. We trust law enforcement to act in a professional and ethical manner when investigating any potential crime. Unfortunately, there are too many cases where a dishonest or “dirty” cop may be working for both sides, i.e. arresting defendants for drug […]

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